On Monday, December 2, 2024, the Federal Motor Carrier Safety Administration (FMCSA) formally announced its final decision to renew the exemption granted to the National School Transportation Association (NSTA) for a period of two years to permit all commercial driver’s license (CDL) applicants seeking a school bus endorsement to forego the engine compartment portion of the pre-trip vehicle inspection skills testing requirement, known informally as the “under-the-hood” (UTH) testing requirement.
Drivers issued CDLs pursuant to the requested exemption are restricted to intrastate operation of school buses only. As you may recall, the initial UTH exemption has been active since November 27, 2022, and was set to expire on November 27, 2024.
The renewal went into effect on November 28, 2024, and will extend until November 28, 2026. This decision represents a tangible result of the NSTA Advocacy Team's efforts in its quest to address the school bus driver shortage and streamline the CDL process.
It should be noted that FMCSA again acknowledges that the “under-the-hood” exemption continues to achieve a level of safety that is equivalent to those not utilizing the exemption.
In its decision, the agency indicated that additional data would be useful to examine the impact of a longer-term exemption. The renewal now requires that adopting states report monthly to FMCSA the names and CDL numbers of drivers who are issued a CDL pursuant to the terms of this exemption. We think that tracking this data will prove helpful in gauging the usefulness of the exemption.
As many of you who read this column know, this initiative has been a top priority for NSTA over the past four years. Since the introduction of the initial series of emergency waivers in 2021 and 2022, and throughout the first two years of the exemption, this initiative has enabled approximately 1,200 CDL applicants to become licensed school bus drivers across 13 states that have adopted the waivers and/or exemption. With an average of 70 students per bus, this measure has facilitated transportation for approximately 84,000 students to and from school on yellow buses.
Over the past two years, the NSTA Advocacy Team continued its work to expand the implementation of the UTH exemption. This effort has included engaging with various stakeholder groups across different states to advocate for its adoption. Notably, the team collaborated with the American Association of Motor Vehicle Administrators (AAMVA) to ensure the exemption’s broader implementation would proceed smoothly, with the group providing valuable insight to our discussions.
Additionally, the NSTA Advocacy Team has partnered with Rep. John Carter (TX-31), who is spearheading a legislative solution through H.R. 8041, The Driving Forward Act. Introduced in the U.S. House of Representatives on April 17, 2024, the bill currently has 17 co-sponsors and aims to adopt the UTH exemption permanently.
Beyond legislative efforts, NSTA has been at the forefront of promoting the exemption through industry trade shows, state association conferences, media outreach, and social media campaigns, leading the way on this critical initiative. We appreciate FMCSA’s willingness to continue to engage with us on this important initiative as we look toward more states willing to adopt the exemption. Statistics that NSTA has gathered show that this endeavor has clearly provided positive inertia to expand the school bus driver pool.
If you would like to support your state's adoption of the exemption, drop me a line me at president@yellowbuses.org, and we can connect you with the person or information that can make a difference.
With NSTA, you never travel alone.
